541 results for 'court:"USDC Southern District of New York"'.
J. Carter denies the conservative law professor's motion to enforce a preliminary injunction against the New York Attorney General to prohibit enforcement of the Hateful Conduct Law, which requires social media networks to provide mechanism for reporting hateful conduct on their platforms. The professor failed to show the AG violated the injunction by sending investigative letters to six social media networks regarding the state's growing concern about antisemitism and Islamaphobia. The AG has other statutory authority to issue such letters, and there is no evidence the letters had any impact on the platforms' conduct.
Court: USDC Southern District of New York, Judge: Carter, Filed On: April 30, 2024, Case #: 1:22cv10195, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Restraining Order, First Amendment
J. Kaplan grants the banks' motion to dismiss a class action alleging violations of the Commodity Exchange Act in connection with the marketing, sale, and management of a derivative investment product. The complaint fails to allege specific acts committed by each individual defendant, instead lumping defendants together as a group. Further, the fraud allegations do not detail exactly what fraudulent statements the bank make to investors.
Court: USDC Southern District of New York, Judge: Kaplan, Filed On: April 29, 2024, Case #: 1:23cv2866, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Class Action
J. Liman denies former President Trump's motion for a new trial on author Jean Carroll's claim that he defamed her in two statements issued from the White House in 2019. The jury was entitled to conclude that Mr. Trump derailed Ms. Carroll's career, and exposed her to public threats due to his malicious attacks on her character. The compensatory damages award of $18.3 million is far from an anomaly in high-profile defamation cases, and the jury was entitled to find that Mr. Trump's continued attacks on Ms. Carroll, even during the course of trial, warranted a finding he would not stop making such remarks without a significant deterrent, supporting the $65 million punitive damages award.
Court: USDC Southern District of New York, Judge: Liman, Filed On: April 26, 2024, Case #: 1:20cv7311, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Damages, Defamation
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J. Rakoff grants the borrower's motion to dismiss the lender's claim for breach of the implied covenant of good faith in a dispute over the repayment of a $4.3 million loan, but denied the motion to dismiss the breach of contract claim. The complaint adequately alleges the lender complied with its contractual obligation to negotiate in good faith, and the lender showed it suffered damages. However, the breach of implied covenant claim is duplicative of the breach of contract claim.
Court: USDC Southern District of New York, Judge: Rakoff, Filed On: April 25, 2024, Case #: 1:23cv11230, NOS: Other Contract - Contract, Categories: Banking / Lending, Contract
J. Woods grants the employer's motion for summary judgment in an employment discrimination suit. The employee does not present sufficient evidence to support a claim she was fired for being a Black, female, Seventh-Day Adventist. Further, the negative comments she heard from supervisors were not connected to the employee's religion, race, or sex and were not objectively severe enough to support a hostile work environment claim.
Court: USDC Southern District of New York, Judge: Woods, Filed On: April 23, 2024, Case #: 1:22cv9554, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment
J. Caproni grants the investment company's motion to dismiss breach of contract claims brought by a former U.S. Senator who claims he was never compensated for serving on its subsidiary's Board of Directors. According to the ex-Senator, he is entitled to a quarterly retainer of $20,000. However, there is no evidence to support the claim that the subsidiary and parent company operate as a single economic entity in order to pierce the corporate veil.
Court: USDC Southern District of New York, Judge: Caproni, Filed On: April 22, 2024, Case #: 1:23cv9176, NOS: Other Contract - Contract, Categories: Corporations, Contract
J. Carter denies the council's motion for a preliminary injunction against the state's age-based sales restriction on diet pills and supplements for muscle building that contain ingredients other than protein. The state has a legitimate governmental interest in protecting minors from access to dietary supplements that are connected to eating disorders. Further, the law does not regulate the supplement-maker's speech or the manner in which they advertise their products, just that customers show verification they are over age 18 to purchase the products.
Court: USDC Southern District of New York, Judge: Carter, Filed On: April 19, 2024, Case #: 1:24cv1881, NOS: Other Civil Rights - Civil Rights, Categories: Commerce, Restraining Order, First Amendment
J. Engelmayer denies the Danish shipping company's motion to dismiss an American shipping company's conversion claim it wrongfully took delivery of five of its shipping containers and refused to return them. The Danish shipper cannot avoid liability because it belatedly returned four of the containers, as its rival may be able to show losses from the taking. Further, the court will not strike the American shipper's request for punitive damages at this stage in litigation.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: April 19, 2024, Case #: 1:23cv10283, NOS: Other Fraud - Torts - Personal Property, Categories: Damages, Conversion
J. Cote grants the bank's motion to dismiss patent infringement claims related to the patentholder's patent for a system that provides electronic banking touch points with personalized financial services for customers. The patentholder has failed to plead direct or indirect infringement by any identifiable product.
Court: USDC Southern District of New York, Judge: Cote, Filed On: April 19, 2024, Case #: 1:23cv8801, NOS: Patent - Property Rights, Categories: Patent
J. Rakoff finds that the lower court properly denied an exhibit's motion to dismiss class claims that it violated the New York Arts and Cultural Affairs Law by failing to disclose the total cost of tickets, including ancillary fees. The voluntary payment doctrine does not bar this suit because the $8.99 added to the attendee's ticket price on the final purchase screen did not disclose how much of the fees was allocated to taxes versus fees.
Court: USDC Southern District of New York, Judge: Rakoff, Filed On: April 19, 2024, Case #: 1:24cv322, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law
J. Rochon grants the investment firm founder's motion to lift the stay on his defamation suit against a former director over statements he made about the firm to the SEC. This action is not duplicative of the proceeding in Florida, so the director has not shown that lifting the stay of this action would impair his interests.
Court: USDC Southern District of New York, Judge: Rochon, Filed On: April 15, 2024, Case #: 1:21cv10791, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Civil Procedure, Defamation
J. Reznik denies the county's request to claw back certain inadvertently disclosed documents. The county failed to object to the use of the documents as an exhibit during a deposition, allowing a witness to answer questions about them, so it waived its right to object to the disclosure.
Court: USDC Southern District of New York, Judge: Reznik, Filed On: April 12, 2024, Case #: 7:21cv10644, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Discovery, Privilege
J. Rochon affirms a magistrate judge's order to transfer venue of this breach of contract suit to New Jersey. The plaintiff supermarket alleges the defendant supermarket used its influence as a member of a grocery co-op to induce the co-op to breach its agreement to supply the plaintiff supermarket with private-label groceries. The supply agreement contains a New Jersey choice-of-forum clause, and a non-signatory may enforce that agreement given that the co-op is an integral party to resolution of this dispute.
Court: USDC Southern District of New York, Judge: Rochon, Filed On: April 11, 2024, Case #: 1:22cv7996, NOS: Other Contract - Contract, Categories: Interference With Contract, Venue, Contract